SUKHDEV SINGH Vs. NIRMAL SINGH AND OTHERS

JUDGEMENT

(1.) Complainant-Sukhdev Singh has filed the present application under Section 378 (4) read with Section 372 of the Code of Criminal Procedure, 1973 (for short "Cr. P.C.") seeking special leave to appeal against the impugned judgment dated 30.01.2017 passed by learned Judicial Magistrate 1st Class, Jalandhar, thereby acquitting the accused-respondents.

(2.) Criminal complaint No.132 of 2014 was filed by the complainant with the allegations that accused No.1 is his elder brother, accused No.2 is the wife of late Naranjan Singh (brother of complainant), accused Nos.3 and 4 are the sons of said Naranjan Singh i.e. nephews of complainant. It is further alleged that Ishar Kaur is the mother of complainant as well as of accused No.1, mother-in-law of accused No.2 and grand mother of accused Nos. 3 and 4. Said Ishar Kaur died on 03.09.1991 and before her death she executed a registered Will dated 05.09.1990 bequeathing her estate in favour of complainant to the extent of ?rd share and ?rd share in favour of Prabhjot Singh and Harpal Singh both sons of late Surjit Singh, another brother of the complainant. It is further alleged that all the accused in order to defraud the complainant fabricated another Will dated 05.09.1990 by incorporating the same number and date of the earlier original registered Will.

(3.) Learned trial Court initially framed charges against the respondents-accused under Sections 465,467,468,471 and 420 IPC and later on added the offence under Section 403 IPC as well.